Copyright in the design subsists for 10 years from the date of registration. This period can be extended by another 5 years upon a request for extension of copyright filed by the registered proprietor before the expiry of the original period of 10 years.
An application for restoration can be filed within 12 months from the date on which a registered design ceased to have effect due to non-payment of fees for extension of copyright (or renewal fee) with the Indian Patent Office.
Any person interested may file a petition for cancellation of a registered design on the prescribed Form. The petition for cancellation of registered design can be filed on the following grounds:
- design has been previously registered in India;
- it has been published in India or in any other country prior to the date of its registration;
- design is not new or original;
- design is not registrable under the Indian Designs Act; and
- it is not a design as defined under the Indian Designs Act
Any person aggrieved on the following grounds may file a request for rectification of register of designs:
- non-insertion or omission of any entry;
- entry made without sufficient cause;
- entry wrongly remaining on the register; or
- error or defect in any entry
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.